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FEDERAL COMMUNICATIONS COMMISSION FCC 00-435 Before FEDERAL COMMUNICATIONS COMMISSION FCC 00-435 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) IB Docket No. 00-248 ) 2000 Biennial Regulatory Review -- ) Streamlining and Other Revisions of Part 25 of ) the Commission's Rules Governing the Licensing ) of, and Spectrum Usage by, Satellite Network ) Earth Stations and Space Stations ) NOTICE OF PROPOSED RULEMAKING Adopted: December 11, 2000 Released: December 14, 2000 Comment Date: 75 Days After Publication in the Federal Register Reply Comment Date: 105 Days After Publication in the Federal Register By the Commission: TABLE OF CONTENTS Paragraph I. Introduction 1 II. Background 2 III. Streamlining Non-Routine Earth Station Licensing Processes 7 A. Routine and Non-Routine Earth Stations 7 B. Non-Routine Antenna Gain Patterns 8 1. Introduction 8 2. Antenna Gain Patterns 9 a. Power Reductions 15 b. Affidavits 20 3. Submission of Antenna Gain Patterns 25 4. Other Non-Routine Antenna Gain Pattern Issues 27 a. Station Keeping 27 b. Interleaved Satellites 28 C. Non-Routine Power Levels 30 D. Satellite Coordination Negotiations to Reflect Non-Routine Antennas and Power Levels 34 E. Public Notice Language 37 IV. Relaxation of Current Requirements 39 A. Relaxation of Earth Station Power and Power Density Limits 39 B. Temporary Fixed Earth Stations 42 FEDERAL COMMUNICATIONS COMMISSION FCC 00-435 C. License Term 44 D. Construction Completion Requirement for Satellite Mobile Earth Stations 46 E. Revision of Part 23 48 V. VSAT Licensing Issues 50 A. Background 50 B. Establishment of Power Limits for VSAT Networks Using Random Access Techniques 51 C. Multiple Hub Stations 58 D. Temporary Fixed VSAT Stations 60 E. Non-US Licensed Satellites and International VSAT Networks 63 F. VSAT Licenses for Organizations with Multiple Members 65 VI. Streamlining of Filing Requirements 67 A. Streamlined Earth Station Filing Form 67 B. Renaming Form 701 and Form 405 71 C. Form 312, Schedule S, Space Station Technical Data Form 72 D. Electronic Filing 76 1. Mandatory Electronic Filing For Routine Earth Station License Applications 76 2. Electronically Filed Petitions to Deny and Comments 77 VII. Miscellaneous 78 A. Earth Station License Modification Requirements 78 B. Radiation Hazards from Co-located Antennas 82 C. Construction Authorization 84 D. Satellite Control Responsibilities to Resolve Harmful Interference 85 E. Extension of Power Limits to Other FSS Bands 86 F. Elimination of Outdated Rules 87 G. General Part 25 Modifications 90 VIII. Conclusion 91 IX. Procedural Matters 92 X. Ordering Clauses 101 Appendix A: Antenna Patterns Appendix B: Proposed Rules Appendix C: Form 312, Schedule S, and Space Station Technical Data Appendix D: Proposed Revisions to Form 312 Appendix E: Technical Analysis for Proposed VSAT Multiple Access Rules Appendix F: Brief Summary of Current Power Limits Appendix G: Initial Regulatory Flexibility Act Analysis I. INTRODUCTION 1. In this Notice of Proposed Rulemaking (Notice), we continue to fulfill our statutory mandate under Section 11 of the Communications Act of 1934, as amended (Act), to streamline our rules, where 2 FEDERAL COMMUNICATIONS COMMISSION FCC 00-435 appropriate.1 In particular, we advance proposals that will reduce the burdens on earth station operators seeking routine authorizations and streamline the process for non-routine earth station applications. We make these proposals in an effort to establish a record that will enable us to adopt rules that will encourage innovation, significantly reduce the filing burdens on applicants and licensees, expedite the process of issuing licenses, accelerate the provision of service to the public, and promote service in rural and unserved areas. II. BACKGROUND 2. Section 11 requires that the Commission, in every even-numbered year beginning in 1998, review all regulations that apply to the operations and activities of any provider of telecommunications service and determine whether any of these regulations are no longer necessary in the public interest as the result of meaningful economic competition between providers of the service.2 Section 11 further instructs the Commission to “repeal or modify any regulation it determines to be no longer necessary in the public interest.”3 Accordingly, the Commission has initiated a comprehensive review of telecommunications and other regulations to promote meaningful deregulation and streamlining where competition and other considerations warrant such action.4 3. The Communications Act prohibits earth station operators from operating without a license.5 The licensing of earth stations is not only statutorily required, satellite networks and global communications depend on the existence of licenses to establish an interference-free operating environment. Earth stations provide a critical link between satellites and terrestrial networks. Over the years, we have taken action to streamline our satellite and earth station licensing rules and procedures when warranted,6 and increasingly, we have looked for ways that satellite operations can share spectrum with terrestrial-based operations. In addition, the International Bureau (Bureau) issued a public notice in 1999 initiating a new licensing process for certain types of earth station applications and inviting comment on a number of additional streamlining proposals.7 As part of the 2000 biennial regulatory review, we are 1 47 U.S.C. § 161. 2 47 U.S.C. § 161(a). 3 47 U.S.C. § 161(b). 4 Federal Communications Commission Biennial Regulatory Review 2000, CC Docket No. 00-175, Staff Report (released Sept. 19, 2000) (2000 Biennial Review Staff Report). In response to the 2000 Biennial Review Staff Report, Hughes Network Systems (Hughes) made a number of recommendations. In this Notice, we invite comment on all Hughes' suggestions except one regarding the preemption of zoning regulations. Hughes Comments in Response to 2000 Biennial Review Staff Report at 4-5. The Commission has already addressed that issue in another proceeding. Promotion of Competitive Networks in Local Telecommunications Markets, WT Docket No. 99-217 (released Oct. 25, 2000). 5 47 U.S.C. § 301. 6 Amendment of Part 25 of the Commission's Rules and Regulations to Reduce Alien Carrier Interference Between Fixed-Satellites at Reduced Orbital Spacing and to Revise Application Processing Procedures for Satellite Communications Services, First Report and Order, CC Docket No. 86-496, 6 FCC Rcd 2806 (1991); Streamlining the Commission's Rules and Regulations for Satellite Application and Licensing Procedures, Report and Order, IB Docket No. 95-117, 11 FCC Rcd 21581 (1996) (1996 Streamlining Order). 7 Commission Launches Earth Station Streamlining Initiative, Public Notice, DA 99-1259 (released June 25, 1999) (Ka-band Auto-grant Public Notice). 3 FEDERAL COMMUNICATIONS COMMISSION FCC 00-435 reviewing Part 25. We have found several cases in which we believe that modifying or eliminating rules will facilitate more streamlined licensing of earth stations. 4. We expect that, if adopted, these rule changes should expedite the provision of useful satellite services to the public, including, for example, Internet services and extending satellite services to rural areas, without unreasonably increasing the risk of harmful interference to existing operators. Companies are increasingly using satellite systems to deliver Internet traffic from international points to gateway earth stations and from the public Internet along the "last mile" to earth station antennas at customers' homes. In addition, over the past year, the Commission received over 2400 earth station applications, and the number of applications has been increasing in recent years. Therefore, we expect our streamlining efforts to become more important in the future as the number of earth station applications increases further. 5. With regard to terrestrial wireless operations, none of the proposals herein affect the pre-licensing coordination requirements between earth station applicants and terrestrial operators that exist today. As a result, we do not expect any of the proposals to affect terrestrial wireless operations in frequency bands that are shared with FSS operations. Currently, Section 25.203(b) requires earth station operators in shared bands to show that they have coordinated with terrestrial wireless operations in their license applications.8 These coordination procedures are important, in part because some terrestrial operators in shared bands are police dispatchers and other public safety officials.9 Accordingly, we do not propose any revisions to these coordination requirements and procedures in this Notice. Instead, we concentrate on proposals to streamline the procedures applicable after coordination with terrestrial wireless operations has been completed. Furthermore, we do not anticipate that any of the proposals in this Notice, if adopted, would affect the contours of any FSS earth station operating in shared bands, and so would not affect the coordination with terrestrial wireless operators required by to Section 25.203(b). We invite comments from any terrestrial wireless operator who believes its operations might be affected in some way by any of the proposals in this Notice. 6. In Section III of this Notice, we propose rule revisions to streamline the review of license applications filed by earth station applicants planning to use "non-routine" antennas or power levels. We propose relaxing or eliminating several requirements in Section IV, including the current
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